Victorian Current Acts Victorian Current ActsS. 10(1) amended by No. 68/2009 s. 97(Sch. item 39.6(a)).
(1) A court that reserves for investigation the
question of the fitness of an accused to stand trial may make any one or more
of the following orders—
S. 10(1)(a) amended by No. 68/2009 s. 97(Sch. item 39.6(b)).
(a) an order granting the accused bail;
S. 10(1)(b) amended by No. 68/2009 s. 97(Sch. item 39.6(b)).
(b) subject to subsection (2), an order remanding the accused in custody in an appropriate place for a specified period;
S. 10(1)(ba)
inserted by No. 55/2014 s. 123(1).
(ba) in the case of an accused who is a child, subject to subsection (2), an order remanding the accused in custody in a youth justice centre or a youth residential centre for a specified period;
S. 10(1)(c) amended by No. 68/2009 s. 97(Sch. item 39.6(b)).
(c) subject to subsection (3), an order remanding the accused in custody in a prison for a specified period;
(d) if it is of the opinion that it is in the interests of justice to do so, an order—
S. 10(1)(d)(i) amended by No. 68/2009 s. 97(Sch. item 39.6(b)).
(i) that the accused undergo an examination by a registered medical practitioner or registered psychologist; and
(ii) that the results of the examination be put before the court;
(e) any other order the court thinks appropriate.
S. 10(2) amended by Nos 68/2009 s. 97(Sch. item 39.6(c)), 55/2014 s. 123(2).
(2) The court must not make an order remanding an accused in custody in an appropriate place or a youth justice centre or a youth residential centre unless it has received a certificate under section 47 stating that the facilities or services necessary for that order are available.
S. 10(3) amended by No. 68/2009 s. 97(Sch. item 39.6(c)).
(3) The court must not make an order remanding an accused in custody in a prison unless satisfied that there is no practicable alternative in the circumstances.